(WNY News Now) – New York’s Attorney General and DEC secure penalties and enforce restoration after contractor’s illegal parking lot construction threatens vital Carlls River wetlands.
NEW YORK – New York Attorney General Letitia James and New York Department of Environmental Conservation (DEC) Interim Commissioner Sean Mahar today announced that they have secured over $121,000 in penalties from contractor Anthony Labriola and his two affiliate companies – ALAC Realty, LLC and ALAC Contracting Corp. –for illegally building a construction vehicle parking lot and storage facility on a protected area along the Carlls River in West Babylon, Suffolk County. Labriola and his companies removed trees and vegetation to build the storage areas, leveling a protected “buffer area” adjacent to wetlands of the Carlls River. The Carlls River freshwater wetlands are classified under DEC’s highest level of protection for the benefits they offer New Yorkers, including the protection of water quality, the preservation of wildlife habitats, and flood control.
In May 2024, Attorney General James and DEC sued Labriola and his companies for illegally storing his construction vehicles, equipment, and materials by these protected wetlands, which DEC estimates saved Labriola and his companies a substantial amount in commercial rent they otherwise would have had to pay. That lawsuit is resolved by this agreement, which requires Labriola and his companies to restore the wetland buffer and pay at least $121,000, consisting of $46,000 in outstanding payments and interest owed to DEC and $75,000 in new penalties. Labriola and his companies must pay an additional $75,000 if they fail to complete the restoration overseen by DEC last summer.
“Not only did Anthony Labriola build a parking lot on protected lands, but he then spent nearly a decade refusing to comply with state enforcement efforts – putting convenience and his business interests over Long Island’s vital natural resources,” said Attorney General James. “Now, Labriola and his companies have finally moved their trucks and will restore the area to its natural state. Our freshwater wetlands are a valuable natural resource, and I am grateful to DEC for their continued partnership in protecting these resources for generations to come.”
“DEC is committed to protecting New York’s wetlands and will continue to work hand-in-hand with our state and federal partners to hold those who violate our strict environmental laws accountable,” said DEC Interim Commissioner Mahar. “Wetland buffers provide many benefits, including flood erosion protections and abundant wildlife habitat. Thanks to the partnership with Attorney General James on this case, this joint enforcement action and penalty require both immediate and follow-up corrective actions to restore the impacted wetland buffer along the Carlls River.”
Freshwater wetlands throughout the state mitigate flooding and provide valuable habitats for a diverse array of wildlife. To protect these wetlands and surrounding areas, the New York Freshwater Wetlands Act prohibits removing trees and vegetation, placing fill, or building commercial facilities on designated wetlands and protected adjacent “buffer areas” without a permit from DEC. The Carlls River wetlands are classified by DEC as Class I wetlands – the highest level of classification – for the environmental benefits they provide. They are particularly valuable to the Long Island environment because of their biological diversity and role in protecting Long Island’s drinking water.
In February 2015, DEC issued a notice of violation to Labriola after discovering that he had illegally cleared trees and vegetation and built a parking lot and storage facility on top of the protected Carlls River wetlands-adjacent buffer area. Labriola repeatedly failed to comply with enforcement efforts and legal agreements, instead continuing to use the area illegally as parking and storage for his construction business.
Following the Office of the Attorney General (OAG) and DEC lawsuit, Labriola and his companies finally took action to clean up the site. As directed by OAG and DEC, they:
- Removed vehicles, construction equipment, and debris from the protected area;
- Placed a wall along the boundary of the worksite to separate the protected wetland from the work area;
- Replanted 60 native trees and shrubs in the restoration area;
- Implemented a new irrigation system to support the replanted vegetation; and
- Planted additional seeds throughout the protected area to spur the future growth of native species.
To ensure the area’s long-term restoration, Labriola and his companies must also:
- Monitor the plantings for five years to make sure at least 75 percent of the new vegetation survives;
- Submit plant monitoring reports to DEC through at least December 31, 2028;
- Allow DEC access to the site to monitor compliance; and
- Implement DEC’s restoration directives.
Labriola and his companies will not be released from these obligations even if they sell or transfer the site.
This matter was handled for DEC by Long Island Regional Attorney Craig Elgut, Regional Manager in the Bureau of Ecosystem Health Kevin Jennings, and Regional Enforcement Coordinator Chris Spies.
For OAG, this matter was handled by Senior Enforcement Counsel Andrew Gershon and Assistant Attorney General Max Shterngel of the Environmental Protection Bureau, under the supervision of Deputy Bureau Chief Monica Wagner and Bureau Chief Lemuel M. Srolovic. The Environmental Protection Bureau is part of the Division for Social Justice, which is led by Chief Deputy Attorney General Meghan Faux and overseen by First Deputy Attorney General Jennifer Levy.